Recalled CCC Councillors Risk Having Victory Nullified If They Run in By-elections
Recalled CCC Councillors Risk Having Victory Nullified If They Run in By-elections
Recalled members of the Citizens Coalition for Change (CCC) find themselves in a sticky situation as they gear up for Saturday’s by-elections.
If they choose to participate in the elections, there is a risk that their victory could be annulled, as the High Court has prohibited expelled members from running under the party’s name.
Also Read: Scott Sakupwanya Wins Mabvuku- Tafara Constituency Uncontested
CCC Candidates Vying for Council Seats Despite Legal Cloud
The CCC candidates who are set to run again for the eight vacant council seats in Bulawayo include Shepherd Sithole (Ward 1), Nkosinathi Hove-Mpofu (Ward 6), Donaldson Mabutho (Ward 9), Takunda Felix Madzana (Ward 18), Simbarashe Dube (Ward 20), Tinevimbo Maphosa (Ward 21), Thobeka Mmeli Moyo (Ward 22), and Arnold Batirai (Ward 24).
High Court Ruling
High Court Judge Justice Never Katiyo, in a ruling delivered on Thursday, declared the nomination of the recalled CCC candidates illegal. He emphasised that these individuals should not be allowed to run in Saturday’s by-elections.
“The decision of the Nomination Court sitting at Harare, Bulawayo, Gwanda, Lupane and/or any other location around the country on 7 November 2023 to accept the nomination papers and candidature of the first to 23nd respondents (that is the recalled CCC candidates) for election in the by-elections set to be conducted on 9 December 2023 is unlawful, of no force and effect and hereby set aside,” said the judge.
It’s important to note that the High Court order did not specifically mention the names of the recalled councillors, although the legal implications of the judgment could apply to them as well.
Recalled CCC Councilors Warned Against Running In Saturday’s By-elections
Nqobani Sithole, one of the lawyers representing Sengezo Tshabangu, who recalled the CCC members, cautioned that while the councillors are technically allowed to contest, their victories could later be annulled.
“The order issued by the Judge covers MPs and Senators, though the councillors were recalled because that’s the same legal question,” he said and explained that although there was nothing stopping the councillors from contesting in the by-election their participation could be declared null afterwards. No, they can contest in the by-election. Nothing is stopping them. I’m saying afterwards, they risk having their election nullified because it is the same legal question that cuts across the board,” explained Sithole in an interview with CITE.
Also Read: Saved by a Typo: CCC MP Dodges Tshabangu’s Recall Due to Surname Mix-Up
Bulawayo Mayor Urges Voters to Support Recalled Councilors
Contrary to this legal perspective, Bulawayo Mayor David Coltart urged voters to support the recalled councillors. He clarified that only CCC MPs were barred from participating in the by-elections.
“There appears to be some confusion in Bulawayo regarding the election tomorrow. Only CCC MPs have been barred from contesting – the election for Councillors IS STILL GOING AHEAD. So please do not be apathetic – please go out and vote for these men if you want the transformation of our City to continue,” Coltart said on his X account.
In his court order, Justice Katiyo clarified that the 23 barred CCC candidates included the recalled MPs and senators.
